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Bombay High CourtCAF/1773/2018allowed

The New India Assurance Co. Ltd. v. Mr. Leofric Sanches And ORS.

2018-10-24Registrar(Judicial Ii Fa)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1773 OF 2018 IN FIRST APPEAL ST. NO.22865 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for Applicant Present.

CORAM : V.R. KACHARE REGISTRAR (JUDL - II) Date : 24th October, 2018 This matter has placed for substitute service by way of the Publication in local Newspaper namely "Navshakti" and "Free Press Journal".

Perused records. It appears that Notice issued through Bailiff to Respondent No.3 returned unserved with remark "Not found at given address". Moreover R.P.A.D. Notice issued to Respondent No.3 is returned unserved with postal remark "Left".

The address mentioned in above Notice are similar address mentioned in Appeal Memo and also in Judgment of the Lower Court of The Member, M.A.C.T. Mumbai.

This is sufficient to allow the application regarding substitute service of Respondent No.3 by way of Publication in Daily Newspaper "Navshakti" and "Free Press Journal".

In view of this, Civil Application for Publication is allowed in terms of prayer clause (a), returnable after 6 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 24.10.18